¹⁰⁹⁹² Thursday, 3 February 2011

(Open session)

[The accused entered court]

--- Upon commencing at 2.21 p.m.

JUDGE ORIE: Good afternoon to everyone. Mr. Registrar, would you please call the case.

THE REGISTRAR: Good afternoon, Your Honours. Good afternoon, everyone.

This is case IT-03-69-T, the Prosecutor versus Jovica Stanisic and Franko Simatovic. Thank you, Your Honours.

JUDGE ORIE: Thank you, Mr. Registrar. A few procedural matters. I'll try to go through them as quickly as possible. First, D190, Mr. Groome, you would compare the signatures and report back on any remaining issue.

MR. GROOME: Your Honour, I did that and I accept Mr. Bakrac's representation from where they came from and I withdraw my objection.

JUDGE ORIE: Yes. Now, where they came from, a potential witness for the Defence, as I set out yesterday, plays a role in respect of another -- well, quite a number of -- quite a number of exhibits which the Simatovic Defence has tendered in the context of the testimony of Mr. Theunens.

Have you formed an opinion already about the others?

MR. GROOME: Your Honour, our view with respect to the others remains the same. The only representation that Mr. Bakrac made to me was specifically limited to D190. So our position remains the same. We are ¹⁰⁹⁹³ seeking provenance information with respect to the other documents.

JUDGE ORIE: Mr. Bakrac, the source for the others, I don't know whether it's the same or not, but I would -- it might be wise to provide Mr. Groome, as soon as possible, with the relevant information because otherwise if you don't do that then there may be a risk that the Prosecution's objections would be declared to have merit and then that might have consequences for the admission into evidence.

MR. BAKRAC: [Interpretation] Your Honour.

JUDGE ORIE: Yes.

MR. BAKRAC: [Interpretation] Your Honour, we are aware of that. Thank you for drawing our attention to that. We are on the case as we speak, and we will try to come back to the Prosecution as soon as possible. And we will also inform the Trial Chamber as to what has been done in this regard.

JUDGE ORIE: Then another request by the Prosecution was whether they could have a look at the responses, the RFA responses, that would be considered yesterday during the break. Any news on that item? It's in relation to D183 and D195.

MR. BAKRAC: [Interpretation] Your Honour, I checked before entering the courtroom today. I checked with my assistant, and a mistake has been made by us. One piece of evidence is an MFI submitted by the Stanisic Defence and the other pertains to a witness. In the course of the first session we will inform the Prosecution in writing as to which of the two pieces of evidence has been submitted for the Stanisic Defence and which one pertains to a potential witness. And it has erroneously ¹⁰⁹⁹⁴ been marked as having been provided in assistance to the Defence. We will check that once again and we will inform the Prosecution in writing accordingly.

JUDGE ORIE: The line that the mistake was made by you, Mr. Bakrac, that's the one I understand best. What then follows, we'll wait and see how the matter will be resolved. As matters stand now, perhaps the Prosecution would then have to reconsider, in light of any new information, what the position would be in relation to D183 and D195.

MR. GROOME: Yes, Your Honour. In order to maybe avoid the Chamber wasting its time, I would propose, with my colleagues, to meet either Friday or Monday and we would sit down and go over these remaining issues and see if we can't resolve them. It seems that much of it involves simply communicating and trying to resolve the issues. So I would propose that maybe we can talk about it during the break.

JUDGE ORIE: Well, I would say the sooner the better. And of course the Chamber encourages resolution of problems by the parties themselves.

Next item, a different one. Yesterday the Chamber has extended a dead-line for the response to the motion for leave to amend its Rule 65 ter exhibit list and for the admission of exhibits from the bar table with confidential annexes; that was the one. And the other one was Defence submissions for -- in relation to a subpoena for Witness JF-051.

The Stanisic Defence has now requested by e-mail whether they could present their submissions orally next week. You asked for two ¹⁰⁹⁹⁵ times ten minutes, Mr. Jordash. It's hereby --

MR. JORDASH: Your Honour, yes.

JUDGE ORIE: -- granted.

MR. JORDASH: Thank you.

JUDGE ORIE: Which, Mr. Bakrac, I take it then that the Simatovic Defence, who has not asked for an extended dead-line, sees no reason to respond; is that correctly understood?

MR. BAKRAC: [Interpretation] No, Your Honour, no, Your Honour. You are absolutely right.

JUDGE ORIE: So it's only Mr. Stanisic -- Mr. Jordash who will address the Chamber orally on that matter. Most likely on Monday, Mr. Jordash. Two times ten minutes.

MR. JORDASH: I think we're sitting on Tuesday. Is that --

JUDGE ORIE: Oh, yes, we are sitting on Tuesday.

MR. JORDASH: But I take Your Honour's point.

JUDGE ORIE: The first day we are sitting next week. Then the -- yes, the next item I have I'd like to deal with in closed session. We move into closed session and we'll remain in closed session, I take it, for the remainder of the day.

(Closed session)

(5 lines redacted) ¹⁰⁹⁹⁶

(78 pages redacted) ¹¹⁰⁷⁴

(7 lines redacted)

(Open session)

THE REGISTRAR: Your Honours, we are back in open session. Thank you.

JUDGE ORIE: Thank you, Mr. Registrar. May I take it that the Simatovic Defence and the Prosecution have made further plans for resolving matters like responses of -- to RFAs, et cetera?

MR. GROOME: Yes, Your Honour.

JUDGE ORIE: And when we'll hear from you?

MR. GROOME: We have both scheduled meetings for Monday. I think we were just still nailing down the precise time. But everyone's agreed in principle to meet on Monday.

JUDGE ORIE: Yes. Then could we hear from you before we start on Tuesday? Unless it's -- these are matters which really have to be discussed in court, otherwise we'll just briefly put them on the record once we have received the relevant information.

MR. GROOME: The Prosecution will agree to undertake a report to the Chamber about what results from those discussions, and perhaps the ¹¹⁰⁷⁵ Chamber then could expeditiously deal with them during the housekeeping session.

JUDGE ORIE: Yes, we'll also consider to deal with them during the housekeeping session.

We -- if there are no other matters at this moment, we'll adjourn for the day. And we resume, Tuesday, the 8th of February, at quarter past 2.00 in this same Courtroom II.

--- Whereupon the hearing adjourned at 6.59 p.m., to be reconvened on Tuesday, the 8th day

of February, 2011, at 2.15 p.m.